Second-hand marketplace fraud — why the bank will not freeze the account, and how to get the money back
When money has been sent for a second-hand purchase and nothing arrives, most people phone the bank and ask for the account to be frozen. And they are told, on the spot, that it cannot be done. Here is why, and what to do instead, in order.
Account freezing is a scheme built for voice phishing
Account freezing rests on the act on special provisions for the refund of losses from telecommunications-based financial fraud. The fraud it defines is the type where the victim is deceived into transferring money — voice phishing.
A second-hand transaction has been interpreted as falling outside that definition, because it takes the form of a supply of goods. That is why the bank says goods transactions are not covered. It is not unhelpfulness at the counter; the governing statute is simply different.
So the order runs like this
- Preserve the evidence — capture the whole conversation, the counterparty's account and name, the transfer record and the listing
- Report to the police — in person at a station or through the cybercrime reporting system
- Get the case number — issued on filing, and the reference point for everything that follows
- Civil proceedings — recovering the money, separately from the criminal side, needs a payment order or a small claims action
Many people file the criminal report and wait, but punishment and getting the money back are different questions. A conviction does not produce an automatic refund.
How to preserve the evidence
Capture the entire conversation window as a continuous sequence. Cropped fragments lose the context and are hard to argue from. Obtain the transfer confirmation showing the account number, the account holder's name and the time of transfer together.
Listings can be deleted, so save the screen along with the URL. Keep the seller's ID and display name as well.
A payment order — faster than litigation
For modest amounts, a payment order is the realistic route. File the papers with the court, an order to repay is served on the other party, and it becomes final if no objection is raised within two weeks. Once final it has the force of a judgment, which allows compulsory execution.
It can be filed online through the court's electronic litigation site. The stamp duty is around one tenth of that on a statement of claim, so the burden is lower than litigation.
If the other party objects
An objection moves the matter to a full hearing. Where the claim is 30 million won or less it proceeds as a small claim, which keeps the procedure relatively simple. At that point the evidence decides it.
Recovering money through the criminal process
If the offender is prosecuted and tried, you can apply for a compensation order. This has the criminal court order compensation alongside the sentence, so no separate civil action is needed. Complex cases can be dismissed from that route, however, so running a civil claim in parallel is the safer approach.
Checking before you send is the cheapest option
- Run the account number and phone number through a fraud history lookup service
- Check that the account holder's name matches the seller's name
- Ask why anything priced far below market is priced that way
- If a secure payment link is sent, check the domain yourself — fake payment pages are common
Giving up because the amount is small
At around 100,000 won many people give up because the procedure is tiresome. Even so, filing the report is worth it. Once losses accumulate against the same account an investigation begins, and you have to be on the list of victims for any refund to be possible.
The pattern of multiple accounts
Be wary where the same seller gives a different account for each transaction. It is the pattern of rotating borrowed accounts, so blocking one simply moves the activity to the next. A different account holder's name each time is a particular signal.
If you have already sent money, submit the full list of accounts with your report. Merging your case with other victims' speeds up the investigation.
Reporting to the platform is a separate step
Reporting to the app or community that hosted the listing gets the seller's account suspended. It does not bring the money back, but it prevents further losses. The report record also serves later as evidence.
Does delay matter?
A criminal complaint can be filed later, but the first few hours are the most useful for tracing the account. Once the money has been withdrawn, recovery becomes difficult. Filing as soon as something feels wrong is the better course.
The limitation period for a civil claim is generally ten years, so there is time, but it means nothing if the other party cannot be identified. Again, the early response is what counts.
Related reading
In disputes involving bank accounts, knowing the procedure is what makes it quick. If a rental deposit is outstanding, see what to do when the deposit is not returned; if opposing power just after moving is the worry, see the move-in report and fixed date stamp. Where a lost phone raises identity misuse concerns, that is set out in the first thirty minutes after losing it. Everything in this area is in the life category.
Frequently asked questions
Q. Is there really nothing the bank can do?
Freezing the account is difficult, but a report can be logged against the account as suspected fraud. The police report comes first.
Q. Can I sue if I do not know who they are?
Proceedings run on the information established during the investigation. That is precisely why the criminal report goes first.
Q. The parcel arrived but the item is different.
That may be treated as non-performance rather than fraud. Put a request for return and refund on the record first; if it is ignored, the same procedure applies.
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